After a five-year legal battle, author Jackie Phamotse has been found guilty of defaming media power couple, Basetsana and Romeo Kumalo.
In 2018, Phamotse tweeted that she had allegedly overheard a conversation between businessman Romeo Khumalo and one of her friends about a video depicting Romeo engaging in sexual activities with another man.
She alleged that the sexual activities were done in his home in the presence of Khumalo’s wife media mogul, Basetsana.
Her tweet read; “Just overheard a painful conversation, a female TV mogul Pleading with one of my girls to not share videos of her drunk and her husband (sic) rimming a celebrity boy!!!!!!!!! What the hell!!!! Kanti, what kind of marriages do we have now!!! I have asked to see this video.”
The comment set off a storm on X, where various users began connecting the statement to the Kumalos, prompting them to open up a civil harassment claim against Phamotse, as well as a case of crimen injuria.
Basetsana was granted a protection order against Phamotse.
When her followers linked the tweet with the Khumalos, Phamotse responded with a laughing emoji and said, “I love it”, according to the National Prosecuting Authority (NPA) of South Africa.
The judgment against the vile, mendacious, pathological liar JACKIE PHAMOTSE has been handed down. She is found guilty as charged on counts 1, 2, 3,4
— @lupingcayisa (@lupingcayisa) September 19, 2023
It’s taken the Kumalo’s 5 years to get to this verdict.
Sentencing has been postponed to 24 Oct. pic.twitter.com/qmRWXnckbW
Romeo testified that the tweet was deeply hurtful, it caused enormous irreparable damage to his reputation and that of his business.
Basetsana testified in court that the tweet made her feel raw, attacked, violated, and insulted.
The accused went further with her onslaught on the Khumalos, and in February 2019, she published a book titled ‘I Tweet What I Like so Sue Me’ in which she violated the protection order against her.
On the cover of her book, she referred to case number 507/2018 which relates to her case against Basetsana which was intended to injure her reputation.
On page 105, the accused suggested that the Khumalos have a lot of money and it was given to the magistrate and that the harassment order against her by Basetsana was bought.
In court, Phamotse testified that she published the tweet as a part of her writing process. She further stated that she did not intend to cause harm to anyone.
On Tuesday, the Randburg Magistrates’ Court found Phamotse guilty on two counts of crimen injuria, one count of defamation and one of contempt of court.
The NPA has welcomed the judgement and hoped it would educate the public about using social media irresponsibly.
“Many people fall victim to cyber bullying and the judgment serves to empower prosecution in its fight against such crime,” said Regional Spokesperson - Gauteng Local Division Phindi Mjonondwane.